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� n�� <br /> `-/ a I� <br /> I�IISCELLANEOUS RECORD W <br /> 39289-TNEIIUGUSTINECO.CRANOISLANU,NEBR. ,. <br /> thence deflecting 91° OSt to the left and running �outherly along the west line of the public <br /> roadwap, 672.5 feet, to the northwesterlq right-of�ay line of Federal State Highway No. 30; thence <br /> deflecting �S° 17t to the right and running southwesterly along the said right-oe�ray line of <br /> Federal State Highwap No. 30, a distance of 644.2 feet, to a point of curvature, whfch point is the <br /> actual point of be�inning; thence deflecting 90° OOt to the right and runni.ng northwesterly <br /> 175.0 feet; thence deflecting 90° 00� to the left and running southwesterlp 100.0 feet; thence <br /> deflecting 90� OOf to the left attd runnic�g soatheasterly 173.7 feet to a point,on the north- <br /> westerly right-of-�rap line of Federal State Highway No. 30; runn3ng thence northeasterly along <br /> the said right-of-way line of Federal State Highwap No. 30, being on a circular curve of 2824.93 <br /> feet radius, a distance of 100.00� :feet to the actual point of beginning; containing 0.40 acres; <br /> more or less. <br /> AND WHEREAS, the said �.essee dees desire in connection with its business as a public Karehouseman to <br /> lease the premises above described. <br /> NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the pa.rties <br /> hereto covenant and agree as �ollaws: <br /> 1. The Lessor hereby leases to the Lessee all af its right, title and interest in the above described <br /> premfses for a period beginning May 21st 1951 and terminating October 31st 1953. <br /> 2. The Lessee hereby hires and takes said premises from the Lessor fur the period above set forth, <br /> and agrees to pay as rental therefor the swn of One Dollar ($1.0�1) and other good and valuable consideratiot� <br /> the receipt uf which is herebp acknowledged by the Lessor. <br /> 3. The Lessee, its agents, servants, and employees, shall have the right at all times of fr�e ingress <br /> to and egress from said leased premises, through or over any other premises of the Lessor, Lessee shall <br /> also have the right to plaee and maintain its signs in and upon said premises, and on the property stored <br /> therein, to advertise to and serve as notice to the public that said leased premises shall be oper�.ted as a <br /> warehouse during the period of this lease. The Lessee shall also have the right to the free t�e of all of <br /> the Lessor�s facilities for handling, storing, Weighing, preserving, packing and shipping the property <br /> stored therein. The Lessee is to have sole custody and control of the leased premises and shall have the <br /> ri�ht, as a public warehouseman, to receive into storage on the leased premises �oods, wares, and merchandis�e <br /> and issue its warehouse receipts therefor. It is expressl� tuiderstood and agreed that the Lessor shall not <br /> hava access to the leased premises without the permission of the Lessee, or its Agent, acxl the Lessor shall <br /> exercise no control uf any kind or nature whatsoever over property on which warehouse receipts have been <br /> issued. <br /> 4. The Lessor �+arrants said premises to be suitable for the purpose for which they are intended to °be <br /> used, and agrees, at its a+m expense, to keep said leased premises and all apparatus installed therein in <br /> constant good repair and order, and to maintain the premises at a proper temperature to protect aiul pre- <br /> serve the goods stored therein; and to protect, indemnify, and hold harmless the Lessee against all claims <br /> � for loss or damage of any kind or nature to the goods stored therein, or thereon, which may occur or take <br /> place throu�h`: the failure of the Lessor to maintai.n such repair�, order and proper te�perature, or �ra� <br /> anp other cause whatsoever. <br /> 5. The Lessor agrees tv furnish adequate lighting for the leased premises and to pap for all heax, li�ht, <br /> pawer, water, steam, or other utility supplied to the premises during the period of the lease. Lessor fur- <br /> ther agrees to pap all tax�s or assessments that have been or map be hereafter levied againat said premises. <br /> 6. This lease may be terminated by either party by giving a thir�� (30) day Written notice to this <br /> effect to the other party. Hawever, it is expressly agreed that in case the Lessee shall have issued and <br /> there be outstanding warehouse receipts on any gouds stored in the leased premises, under no cfrcu�astattces <br /> shall this lease be tera�inated until all�such warehouse receipts have been surrendered to the Lessee for <br /> cancellation, and until Lessor shall have paid Lessee all eharges and advances due or o�wing said Lessee by <br /> said Lessor. <br /> ?. The Lessor a�rees to protect, indemnifp and hold har�less the Lessee fro� all ciafms and de�ands of <br /> everq person or persons whatsoever, either for in3ury or damage or claims thereof, to person or to prop- <br /> erty, npon account of anpthing whatsoever occurring in or about the leased premises or arising out of the <br /> use and occupancy thereof by the Lessee. <br /> 8. Should the Lessor, at any time, or in any manner, violate anp of the terms or conditions of th is <br /> lease, or becc►�e insolvent, or in any mainer interfere with or make difficult the duties of Lessee�s agents, <br /> custodians, or employees; or shonld the leased premises beco�e involved fn any manner in litigation; or <br /> shoUld the Lessor or the Lessee be e3ected or ousted therefr�, or should proceedings be begun for that <br /> purpose; ar should the Lessee at any time deem it necessary for the protection of its interest or the prop- <br /> erty stored, then the Lessee shall have the right �o remove all the property from the premises leased herein <br /> to such other place or places as the Lessee may deem expedient or proper; and in case of any such re�oval <br /> the Lessor undertakes and agrees to pay the Lessee all expenses of such removal and of storing said prop- <br /> , erty e1,�ewhere, including insurance costs and attorneyts fees, until the return and surrender of all out- <br /> standing Marehouse receipts praperlp endorsed for delivery, and tuitil such delivery shall have been c anp�e�ed, <br /> and alI gayments herein referred to made. <br /> 9. The Lessor warrants and guarantees the peaceful possession of said premises by the Lessee and <br /> agrees to execute or cause to be executed any further agreement or agr�ements that may be necessasf .to <br /> secure the convenient use and enjoyment of the leased premises by the Lessee. .� <br /> IN WITNESS WHEREOF, We have hereunto set our hands and seals. <br /> WITNFSSED BY (CORP) ST. PAUL TERMINAL WAREHOUSE C0. (Lessee) <br /> (SEAL) <br /> Marion HarweY � By R. C. Schall Vice Presid�at <br /> Marion Harvey R. C. Schall SEAL <br /> Janet L. Hanson By F. A. Scherer Asst. Secretary <br /> Janet L. Hanson F. A. Scherer <br /> Haward Stearns, operating as Rain Chief <br /> L. H. Wubben Irrigation Enginnerin� Co. (Lessor) <br /> L. H. Wubben <br /> By Haward Stearns <br /> Lida Dietz Hcrirard Stearns <br /> Lida Dietz <br /> : . ...____- <br /> ; ? <br /> ' � <br /> : <br /> r � <br /> ; <br /> � � � _ �� ; � i <br />